Committee votes to tighten licensing rules for convicted taxi drivers, but says more needs to be done

Proposed bylaw amendments tightening rules around issuing vehicle-for-hire licences for people with past criminal convictions will move to city council after being passed unanimously by the community and public services committee on Wednesday, March 6, 2019.Ed Kaiser / Postmedia, file

City councillors voted to tighten the restrictions around issuing vehicle-for-hire licences to people convicted of a serious criminal offence — but also agreed that more provisions need to be adopted to ensure public safety.

Taxi and other vehicle-for-hire drivers convicted of severe criminal offences within the last 10 years will no longer be able to appeal the refusal of a licence to a city committee, under the proposed bylaw amendments unanimously passed in a committee vote.

The discussion was sparked after councillors on the community standard and licence appeal committee raised concerns on clarity with the current bylaw on what constitutes a related criminal offence to revoke a licence. Removing the ability to appeal will also take the four councillors on the committee out of the equation on overturning rulings and granting appeals.

In 2018, the tribunal granted taxi licences on appeal to five out of 10 people who appealed rejections by city officials.

“I’m happy we closed that loophole, that they couldn’t go there anymore because there is a federal court that can look at that and that’s not our expertise,” Coun. Bev Esslinger said.

Proposed changes presented to the community and public services committee Wednesday morning outline a list of serious criminal convictions that would prohibit a licence being granted if it occurred within the last 10 years. These include offences of any violent nature, including assault and weapons offences, as well as sexual assault, sexual exploitation and sexual interference.

It also includes offences pertaining to trafficking, fraud, conspiracy to defraud and unlawful operation of a motor vehicle.

Vehicle-for-hire employees, including taxi, limousine and private transportation drivers, must provide a police information check to the city when they apply to renew their licence every one or two years — depending on the type of licence the individual chooses.

But members of the Women’s Advocacy Voice of Edmonton (WAVE) committee urged council that more provisions need to be put in place, such as vehicle cameras, tracking and the ability to report an immediate problem.

Three speakers shared stories of uncomfortable situations in taxis prompting them to feel unsafe. WAVE member Bailey Coty, who is partially paralyzed and uses a wheelchair, said she sometimes feels like a “sitting duck” because she needs assistance getting in and out of a vehicle.

“Getting in and out of cabs could be hard for me,” Coty said. “It can be really awkward and an issue where I can’t escape the situation.”

In response to these concerns, councillors also passed a motion asking the city’s vehicle-for-hire team to listen to suggestions from WAVE and other stakeholders and come back with recommendations next year.

“How do we make it safer for women? Obviously we heard discomfort, they asked for a number of measures to be considered. I think we need to explore them,” Esslinger said.

But not all councillors were immediately on board with the proposed amendments. Coun. Moe Banga, a former Edmonton police officer, said public safety is of the utmost importance but sees a 10-year ban as too harsh for some offences.

“I know from my experience, you throw a pencil at somebody, that is assault with a weapon, and is that worth losing your job? I don’t know,” Banga said, proposing an amendment to reduce the timeline to six years. “Once they pay their due to the society they also have right to earn their living and I feel 10 years is too long.”

Banga retracted his amendment after discussion around the 10-year period being in line with provincial regulations and voted to pass the recommendations as they were.

Responding to her colleague, Esslinger said she doesn’t agree with a shorter period.

“To me, public safety is paramount. Would you put your daughter in that cab?” Esslinger said to reporters outside the meeting. “For me and my daughter I probably would have wanted more, but I will live with 10 years.”

The bylaw change recommendations will go to city council for approval.

Women’s Advocacy Voice of Edmonton (WAVE) committee member Bailey Coty speaks with reporters after a city committee unanimously voted on proposed bylaw amendments tightening licensing rules around vehicle-for-hire drivers who have criminal convictions.